Archives

Archives / 2015 / January
  • A Tweet Too Far: Twitter and Unfair Dismissal

    Tags: Unfair Dismissal, Social Media, Employment Law, Employment Tribunal, Twitter

    Catching up with one of the more interesting and highly pertinent cases reported just before the festive break, we consider this week the growing amount of social media related gross misconduct dismissals. Clearly such dismissals will only be set to increase over the coming years, parallel to use of social media itself, so this really is an area where having some knowledge of the current case law landscape will be increasingly invaluable to both employers and employees.

    In mid-December the Employment Appeals Tribunal (“EAT”) laid down a judgment on what we believe to be the first case at EAT level to deal with an appeal against a twitter related conduct dismissal.

    The case of Laws v Game Retail Limited, as it was initially known at the Employment Tribunal (“ET”) … more

  • How to deal with employees when it's snowing

    Tags: Flexible Working, Adverse Weather Conditions, Employment Law, Snow

    I think the majority of us would agree that we love the snow and it is great to go out and build a snowman or go sledging. However problems arise when employees come into work late or cannot physically get into work due to disruptions with transport, school closures and severe weather warnings. This situation gives rise to the following questions:1. What are the rights of employees and 2. How can employers ensure that they apply a fair policy given the circumstances of an individual and taking into account their business needs.Here’s a guide to help you all get it right. What rights do employees have if they cannot get into work?If employees cannot genuinely get into work due to the snow (our current adverse weather condition) then employers should not try to convince them … more

  • Trans-National Remote Working and Unfair Dismissal

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal

    Certain sectors of the UK labour market are a patchwork of foreign nationals working for large trans-border concerns. Much like Liam Neeson’s character in a certain film franchise, these individuals are often possessed of a very specific set of skills which places them in high demand, making alternative arrangements to enable them to flit between countries or even work remotely from another jurisdiction altogether more common than perhaps once was.

    Such unconventional work practices of course then are likely to give rise to some of the more interesting questions in relation to the Employment Tribunal’s (“ET”) jurisdiction to hear complaints. One such recent case that engaged this topic was that of the Employment Appeals Tribunal (“EAT”) matter of Lodge … more

  • Obesity can be a disability under EU law

    Tags: Disability Discrimination, Employment Law, Obesity, Employment Tribunal

    Following the landmark ruling of the European Court of Justice in FOA (Kaltoft) v Billund, obesity can potentially be considered as being a disability under EU law, however obesity itself is not deemed to be a protected characteristic.

    In summary, Mr Kaltoft was a Danish child minder who was dismissed by his local city council in 2010 by way of redundancy. However he alleged that it was his obesity that brought about his redundancy dismissal. For clarity on the issue, four questions were put forward by the Denmark District Court to the ECJ for a preliminary ruling.  

    The questions were as follows:

    whether it was unlawful to discriminate on the grounds of obesity;

    whether any such right was directly applicable;

    querying the appropriate burden of proof; and

    whether obesity … more

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  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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